JP Air Pollution Control Act — Pre-Demolition Asbestos Survey and Dispersal Prevention Requirements
ENFORCEMENT TIMELINE
Phased effect from April 1, 2021, with mandatory surveys by qualified professionals required from October 1, 2023
Overview
Under the Air Pollution Control Act and the Ordinance on Prevention of Asbestos Hazards, prime contractors and project owners undertaking the demolition or renovation of a building or structure are required to implement measures to prevent the dispersal of asbestos. This includes a full pre-construction survey of every project, electronic reporting to the national government (through the gBizID / Asbestos Pre-Survey Reporting System) for projects above a certain scale, having the survey conducted by a qualified professional, and compliance with work standards.
Enforcement Timeline
April 1, 2021: The amended Air Pollution Control Act and asbestos ordinance take effect, expanding the scope of regulation to all asbestos-containing building materials and strengthening work standards such as containment requirements.
April 1, 2022: Electronic reporting of pre-survey results becomes mandatory for projects above a certain scale, such as demolition work covering 80 square meters of floor area or more, or renovation work with a contract value of 1 million yen or more.
October 1, 2023: Pre-construction surveys of buildings become fully subject to the requirement that they be conducted by a qualified professional, such as a certified asbestos-containing building materials surveyor.
January 1, 2026 (planned): Pre-construction surveys of structures also become fully subject to the qualified-professional requirement.
Business Impact
Construction and equipment installation businesses undertaking demolition or renovation work must have a qualified professional, a certified asbestos-containing building materials surveyor, review design documents and conduct an on-site visual and analytical survey. Failing to file the required electronic report before starting a project above a certain scale carries a direct fine of up to 300,000 yen. If asbestos is found to be present, businesses must prepare a work plan, notify the prefectural government for Level 1 and Level 2 materials, and thoroughly implement containment measures such as anterooms and negative-pressure enclosures, which can significantly extend the project schedule and increase costs. Violating work standards, such as failing to properly contain the work area, is subject to a direct criminal penalty of up to three months' imprisonment or a fine of up to 300,000 yen without prior administrative guidance, along with the risk of a work-stoppage order delaying the entire project.